Elijah McClain's mom has settled her federal civil rights lawsuit against the City of Aurora, Colorado over the death of her son in August 2019.
According to reports, Sheneen McClain filed the lawsuit in August 2020, claiming that the city, three police officers, two paramedics and the medical director of the Aurora Fire Rescue violated her son's civil rights by using 'brutal force' and then sedating him with ketamine.
The incident that led to Elijah's death happened on August 24, 2019 as he was walking home from a corner store with an iced tea in his hand. He was stopped by police officers responding to a 911 call about a man in ski mask who was waving his arms in the air.
McClain's family said he wore the ski mask because anemia made him unusually susceptible to the cold, and McClain was apparently listening to music on headphones and dancing as he walked -- also the reason, he explained to cops, that he did not initially comply with their verbal commands.
When the paramedics arrived, they reportedly injected McClain with ketamine, a hallucinogenic anesthetic, and seven minutes later he went into cardiac arrest.
McClain, a 23-year-old black man, went into cardiac arrest following the arrest on August 24, 2019, and died in a hospital six days later.
McClain's horrific ordeal with Aurora police was caught on their bodycam footage and the world got to hear the innocent, child-like, young man plead with them for his life. Those pleas went unheard which led to acts of force that ended Elijah's life.
Ryan Luby, deputy director of communications for the City of Aurora said the city and family reached an agreement in the lawsuit, although a payout amount has yet to be decided upon.
'The City of Aurora and the family of Elijah McClain reached a settlement agreement in principle over the summer to resolve the lawsuit filed after his tragic death in August 2019,' Luby said in a statement to 9News.
'City leaders are prepared to sign the agreement as soon as the family members complete a separate but related allocation process to which the city is not a party,' he continued. 'Until those issues are resolved and the agreement is in its final form, the parties cannot disclose the settlement terms.
'No amount was discussed in the telephonic court hearing,' he noted.
Qusair Mohamedbhai, an attorney for Shaneen McClain, also confirmed that a settlement has been reached 'resolving all claims raised in her federal civil rights lawsuit.'
He said the court will determine how much of the settlement will be distributed to Shaneen and McClain's father, Lawayne Mosley.
The settlement does not negate the fact that these police officers are indeed responsible for Elijah McClain's death. He lost his life as a direct result of their actions.
An internal investigation by Aurora Police found that cops had no reasonable grounds to stop him, and last month, Colorado Attorney General Phil Weiser announced charges against Police Officers Nathan Woodyard, Randy Roedema and former officer Jason Rosenblatt.
He said all five officers and paramedics were charged with manslaughter and criminally negligent homicide, while some also face additional charges.
Weiser filed the same charges against paramedics Jeremy Cooper and Lt. Peter Cichuniec on a 32 count indictment.
The officers are due to appear in court on November 1.